Legal Question in Civil Litigation in California

duplicate or copy of a contract

When two parties sign a contract, which requires each party to be given a ''copy,'' normally one contract is signed and a xerox copy is made. However, is it valid for both parties to sign two copies of the contract, thus creating two copies of the contract?


Asked on 5/29/07, 8:52 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: duplicate or copy of a contract

If I understand you, there is an original of the contract and a copy made of it, with both documents being signed by both parties. The original is the contract. But the copy can be used to prove what the contract is; the "best evidence " rule requiring the original of the contract to be introduced as the best proof of the contract does not apply as it used to. If no one disputes that the copy is an accurate copy of the original, then it can be used just as the original is. In the future, put in the contract that the a copy of the contract will be considered equal to the original contract and that the parties signing separate true copies of the contract will be considered as binding as their having signed the same specific original of the document.

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Answered on 5/30/07, 12:03 am


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